request for consultant qualifications … public outreach...request for consultant qualifications...

16
REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires the services of an individual Consultant/s (hereinafter referred to as the “Consultant”). This document provides a summary of the services required, application procedure, selection method, Terms of Reference (TOR), and the contractual terms offered for this assignment. Summary of Services: The primary objective of this consultancy is for the consultant/s to: Assist the office of the Public Outreach Manager in the execution of the function as would be determined from time to time. Location: Windhoek Anticipated Start Date: 01 August 2011 Duration of Assignment: 12 months, renewable as the need arises. Application Selection Before applying, interested Consultants shall review the Terms Of Reference attached hereto (Attachment 2), which provides a detailed description of the assignment and the qualifications and experience required of the Consultant, and Contract Form (Attachment 3), setting out the proposed contractual arrangements. The selection shall be carried out in accordance with the procedures for Selection based on the Consultants’ Qualifications set forth in Annex VI, Section 1.B. 3.7 of the MCA Namibia Procurement Rules (see the Procurement page on website http://www.mcanamibia.org for the Procurement Rules). The selected Consultant will be ultimately requested to submit combined technical and financial proposals for the assignment, which, together with the Consultant’s EOI and the attached Form of Contract (Attachment 3), will be used for the negotiation of a fixed price contract between the Consultant and MCA Namibia. Application Procedure Interested Consultants shall send their Expressions of Interest (EOI) in the standard MCA-N format (Attachment 1) to be considered for the assignment. The EOI shall include the date of availability, up-to-date CV demonstrating that the Consultant fulfils the minimum requirements described in the TOR, contact details (address, telephone and fax numbers, e-mail address, website), at least three references that can comment on the Consultant’s related work experience, and any other relevant

Upload: lamtuong

Post on 15-Apr-2018

222 views

Category:

Documents


4 download

TRANSCRIPT

Page 1: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

REQUEST FOR CONSULTANT QUALIFICATIONS

PUBLIC OUTREACH SUPPORT CONSULTANT

MCAN/COM/RCQ/4A09011(a)

MCA Namibia (MCA-N) requires the services of an individual Consultant/s (hereinafter referred to as

the “Consultant”). This document provides a summary of the services required, application

procedure, selection method, Terms of Reference (TOR), and the contractual terms offered for this

assignment.

Summary of Services: The primary objective of this consultancy is for the consultant/s to:

Assist the office of the Public Outreach Manager in the execution of the function as would be

determined from time to time.

Location: Windhoek

Anticipated Start Date: 01 August 2011

Duration of Assignment: 12 months, renewable as the need arises. Application Selection

Before applying, interested Consultants shall review the Terms Of Reference attached hereto

(Attachment 2), which provides a detailed description of the assignment and the qualifications and

experience required of the Consultant, and Contract Form (Attachment 3), setting out the proposed

contractual arrangements.

The selection shall be carried out in accordance with the procedures for Selection based on the

Consultants’ Qualifications set forth in Annex VI, Section 1.B. 3.7 of the MCA Namibia Procurement

Rules (see the Procurement page on website http://www.mcanamibia.org for the Procurement

Rules). The selected Consultant will be ultimately requested to submit combined technical and

financial proposals for the assignment, which, together with the Consultant’s EOI and the attached

Form of Contract (Attachment 3), will be used for the negotiation of a fixed price contract between

the Consultant and MCA Namibia.

Application Procedure Interested Consultants shall send their Expressions of Interest (EOI) in the standard MCA-N format

(Attachment 1) to be considered for the assignment. The EOI shall include the date of availability,

up-to-date CV demonstrating that the Consultant fulfils the minimum requirements described in the

TOR, contact details (address, telephone and fax numbers, e-mail address, website), at least three

references that can comment on the Consultant’s related work experience, and any other relevant

Page 2: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

2

information. Responses in the standard MCA-N Expression of Interest format (Forms 1 to 2 attached

hereto) should be addressed to:

The Asst Procurement Manager, MCA Namibia, Atlas House, 3rd Floor Room 10 117 Sam Nujoma Drive Windhoek, Namibia. Or they can send the documentation via email to the following address: [email protected] Deadline for submission of responses: 13h00, on 18 July 2011.

Page 3: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 1: Expression of Interest Forms

3

EXPRESSION OF INTEREST: FORM 1

[Location, Date]

Mr. Johann Botha

Director Procurement

MCA Namibia

Dear Sir,

RE: PUBLIC OUTREACH SUPPORT CONSULTANT

REF: MCAN/COM/RCQ/4A09011(a)

I, the undersigned, offer to provide the consulting services for the abovementioned assignment in

accordance with your Request for Consultants Qualifications dated [Insert Date] and this Expression

of Interest.

I hereby submit my Expression of Interest, which will be open for acceptance for a period of 60

(sixty) days.

I hereby declare that all the information and statements made in this Expression of Interest are true

and accept that any misrepresentation contained in it may lead to my disqualification.

My Expression of Interest is binding upon myself and subject to the modifications resulting from

Contract negotiations, and I undertake, if my proposal is accepted, to initiate the consulting services

related to the assignment not later than [insert the date on which you will be available to

commence with the assignment].

I understand you are not bound to accept any proposal that you may receive.

Yours sincerely,

[Signature]

Name and Title of Signatory

Address of Consultant

Page 4: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 1: Expression of Interest Forms

4

EXPRESSION OF INTEREST: FORM 2

Curriculum Vitae (CV)

1. Name [Insert full name]

2. Date of Birth [Insert birth date]

3. Nationality [Insert nationality]

4. Education [Indicate college/university and other specialized education, giving names of institutions, degrees obtained, and dates of obtainment].

5. Membership in Professional Associations

6. Other Training [Indicate appropriate postgraduate and other training]

7. Countries of Work Experience

[List countries where the consultant has worked in the last ten years]

8. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]

Language Speaking Reading Writing

9. Employment Record [Starting with present position, list in reverse order every employment held by the consultant since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]

From: [year] To: [year]

Employer:

Position(s) held:

10. Work undertaken that best illustrates capability to handle the tasks assigned:

[Among the assignments in which the consultant has been involved, indicate the following information for those assignments that best illustrate his/her capability to handle the tasks listed in the TOR]

Name of assignment or project:

Year

Location:

Client:

Main project features:

Page 5: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 1: Expression of Interest Forms

5

Position held:

Activities performed:

11. References: [List at least three individual references with substantial knowledge of your

work. Include each reference’s name, title, phone and e-mail contact information. MCA

Namibia reserves the right to contact other sources as well as to check references, in

particular for performance on any relevant MCC-funded projects.]

12. Task assigned for this consultancy: Not Used

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes

me, my qualifications, and my experience. I understand that any wilful misstatement described

herein may lead to my disqualification or dismissal, if engaged.

I, the undersigned, hereby declare that I agree to participate in the above-mentioned assignment. I

further declare that I am able and willing to work for the period foreseen in the above referenced

Request for Consultant's Qualifications.

[Signature]

[Date]

Page 6: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 2: Terms of Reference

6

TERMS OF REFERENCE

PUBLIC OUTREACH CONSULTANCY

1. Summary

The objective of this document is to layout the terms of reference for consultancies to the office of

the Manager Public Relations. A list of maximum three (3) consultants will be maintained from which

the allocations of specific consultancy assignments will be made on the basis of the availability,

qualification, experience and track record at the disposal of MCA Namibia. The office of the Public

Outreach Manager is inter alia entrusted with the following responsibilities:

Implementing and reviewing of the MCA-Namibia Communications Strategy, including a detailed Work Plan and the Media Outreach Strategy;

Organizing public outreach events, press conferences and developing information materials, in close consultation and cooperation with the Executive Team and Directors;

Drafting of media statements/press releases and statements/talking points and other relevant materials for use at outreach events by members of the MCA-Namibia’s Executive Team, Senior Management and Board;

Developing of storylines and transforming those into MCA-N stories to be told throughout the Compact period and especially towards the end of the Compact using print, electronic media and own presentations – via videos and mini written stories.

Collecting data and information that can be used for communication and public outreach, including lessons learned and best practices, success stories, progress and results of the MCA-Namibia Compact;

Developing outreach materials, maintenance of the MCA-Namibia website, developing and disseminating MCA-Namibia publications, quarterly bulletins, etc;

Developing, implementing and review of the Public Consultation and Disclosure Strategy, and ensuring effective stakeholder consultation throughout the Compact Implementation period, typically focusing on, but not limited to, environmental and socio-economic aspects of Compact implementation.

Any of the above tasks may from time to time result in an adhoc consultancy, depending on the

work load, experience and availability of the Public Outreach Manager.

2. Background Information

2.1 The Millennium Challenge Corporation (MCC)

The Millennium Challenge Corporation (MCC) was established in January 2004 as a United States

government corporation to implement the Millennium Challenge Account (MCA). MCC’s mission is

to reduce poverty by supporting sustainable, transformative economic growth in developing

Page 7: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 2: Terms of Reference

7

countries, which create and maintain sound policy environments. MCC supports socially and

economically sound innovative strategies and ensures accountability through measurable results.

For additional information on MCC please visit www.mcc.gov.

2.2 Namibia’s Millennium Challenge Compact

The Millennium Challenge Account Namibia (MCA-N) Compact, providing grant funding for public

investments in Education, Tourism and Agriculture, was signed on 28 July 2008 between the

Republic of Namibia and Government of the United States of America, through MCC. The Compact

will make available US$304.5 million for development in the target sectors, over and above current

Government allocations and assistance from other development partners.

The Goal of the Compact is to reduce poverty through economic growth in the Education, Tourism

and Agriculture sectors. To accomplish this Goal, the MCA-N programme aims to achieve the

following objectives:

i) Increase the competence of the Namibian workforce (knowledge, skills and attitude);

ii) Increase the productivity of agricultural and non-agricultural enterprises in rural areas.

The Compact aims to improve the quality of education and training for underserved populations,

and attempts to capitalize on Namibia’s comparative advantages to increase the incomes of poor

Namibians, predominantly in the northern areas of the country.

In Education, the programme seeks to bring the quality of the work force closer to the requirements

of industry and the labour market at large. This is in line with the aspirations of Vision 2030 and the

3rd National Development Plan’s strategic objective for “productive and competitive human resource

and institutions,” which informed the programming, content and activities of the Education and

Training Sector Improvement Programme (ETSIP). The MCA-N Education Project contributes to

ETSIP. It aims to improve the competency and knowledge of young Namibians by supporting new

and innovative methods of learning in addition to the traditional approaches, and improved physical

infrastructure for learning and teaching in schools, Regional Study and Resource Centres and

Community Based Skills Development Centres.

The Tourism Project seeks to bring conservancies in high potential tourism areas into the

mainstream of the tourism industry, increasing the financial and in-kind benefits to rural

conservancy members. Internationally-acknowledged best practice models for community-based

tourism and community-based natural resource management underpin the Tourism Project. This is

the first time in MCC history that a country programme includes tourism, acknowledging the sector’s

tremendous poverty alleviating potential in conservancy areas. The Etosha National Park will serve

as a model for increased participation by the adjacent conservancies. The MCA-N Tourism Project

will facilitate access to the Park for the conservancies around it through exclusive access

concessions, to be awarded through the 2007 Concession Policy. The MCA Namibia Tourism project

will also enhance regional and international marketing of Namibia as a tourism destination.

The Agriculture Project comprises three main activities: livestock, land access and management, and

indigenous natural products. The Livestock Activity seeks to bring the marketing opportunities for

farmers who live north of the Veterinary Cordon Fence(‘the Fence “) closer to the opportunities

enjoyed by farmers south of the Fence . The focus will be on improving veterinary services aimed at

Page 8: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 2: Terms of Reference

8

obtaining animal disease-free status for the Northern Communal Areas (NCAs) in order to gain

access to international markets. The accompanying public investment in rangeland management will

improve access to grazing and farming practices. The overall objective is to increase the farmers’

income derived from large-stock and small-stock farming in the NCA. Through the Land Access and

Management Activity the Communal Land Boards, traditional authorities and other key

stakeholders will be empowered to better manage the available resources. Increasing direct

participation of the primary producers in the value addition of raw, natural products such as Marula,

Kalahari Melon Seed, Hoodia, Devil’s Claw and Ximenia is the key objective of the Indigenous Natural

Products Activity. The value chain approach that the INP sector has adopted will ensure that the

activities are responsive to the fast-changing market realities for natural products. At present, most

of the revenue from selling products made of these valuable commodities is generated outside

Namibia. The MCA-N programme will facilitate an increased participation by the primary producers

in the processing, packaging and marketing of these products.

Please visit http://www.mcanamibia.org for detailed Project Descriptions. This TOR is related to the

Education Project as well as to MCA-Namibia’s M&E Plan.

2.3 The MCA-N Management Structure

MCA Namibia (MCA-N) is the accountable entity, responsible for the overall management of the

Compact’s implementation. MCA-N is a legal entity within the National Planning Commission (Office

of the President), comprised of a Board and a Programme Management Unit. MCA-N’s Board

provides oversight and strategic guidance and is ultimately responsible for the programme’s success,

while the Programme Management Unit is responsible for the implementation of the Compact,

including programme management, financial management and reporting, and coordination of M&E.

The programme is legally governed by the Compact and its supplemental agreements. For

additional information please visit http://www.mcanamibia.org.

2.4 Consultancy-Specific Background

The overall aim of the Public Outreach Division is to support the goals and objectives of the

Millennium Challenge Account Namibia Compact through a two-way communication between MCA

Namibia, Stakeholders, Implementing Partners, Beneficiary, Role Players, the Media as well as the

general public. The division also aims to guide and provide a framework for communicating to

stakeholders, throughout the period of the Compact.

3. Objectives

The primary objective of this consultancy is for the consultant/s to:

Assist the office of the Public Outreach Manager in the execution of the functions (see point 1

hereof) of the office as would be determined from time to time.

Page 9: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 2: Terms of Reference

9

4. Scope of Services (Task and Deliverables)

The following tasks will be clearly given to the Consultant with agreed to timelines:

Developing storyboards on MCA Namibia activities and do camera work in capturing the footage

that would best represent the story to be told;

Create special events, such as press conference, and manage all aspects including media

relations;

Prepares senior management for media interviews and provide public relations advice to senior

management and the Chairperson of the Board, when so required; ;

Develop crisis communication management plan that outlines communication strategies for

MCA-N;

Proof reading of publications such as Annual Reports and Quarterly Bulletins before going to

print;

Provides digital photography for MCA-N publications.

Assist the PO Manager in reviewing the MCA Namibia Communication Strategy and Public

Outreach Budget

In addition to the above, the Consultant may be required to render services to the Office of the

Manager Public Outreach as stated in point 1 above.

5. Timing/ Duration of the Assignment

The services of the Consultants will be required on a twelve (12) months basis, renewable as and

when the need arise; The consultancy may be terminated by either party through a written

notification from one party to the other as per the Consultancy Agreement.

6. Qualifications & Experience

Specific Skills Required

The Consultant is expected to have the following minimum competencies:

Good written and spoken English;

Ability to prepare media releases, speeches and presentations;

Ability to prepare and edit written publications;

Proven ability to develop communication tools and outreach materials and disseminating those

to media representatives and civil society.

Excellent analytical / problem solving skills.

Ability to travel and work long hours;

Availability over short notice, say within 24 hours; and

Ability to work with a team with varied backgrounds and cultures;

Good interpersonal and general communication skills;

Strong orientation towards service delivery;

Page 10: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 2: Terms of Reference

10

Qualifications & Experience

Diploma or degree in Media Studies with a specialisation in Public Relations or Communication;;

Minimum of five (5) years of relevant work experience in Public Relations and/or corporate

communications;

Experience in fostering media relations with different stakeholders;

Experience in editing of publications/corporate materials.

Experience in digital photography will be an added advantage

7. Reporting Arrangements and Schedule of Payments

The Consultant will report to the Public Outreach Manager who will be the immediate supervisor of

the Consultant. Second level reporting will be maintained with the Deputy CEO Operations. The

Public Outreach Manager will be responsible for requesting the services from the consultant, giving

of instructions, administering and monitoring the Consultant’s execution of tasks and the attaining

of deliverables.

This consultancy will be carried out on an ad hoc basis, within a period of twelve (12) months,

renewable.

Consultancy fee payments will be based on submission to MCA-N of timesheet-supported invoices

signed off by Manager Public Outreach completion and approval of deliverables, which shall be on

monthly intervals.

Page 11: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 3: Contract Form

11

MILLENNIUM CHALLENGE ACCOUNT NAMIBIA

CONTRACT FOR INDEPENDENT CONSULTANT

MCAN/COM/RCQ/4A09011(a)

This contract for independent consultant services (the “Contract”) is made as of [date] by the Chief

Executive Officer of the Millennium Challenge Account Namibia ("MCA-N") acting on behalf of the

Government of the Republic of Namibia whose address is:

Atlas House 6th Floor

Corner of Mandume Ndemufayo and Sam Nuyoma Drive

Private Bag 13356

Windhoek

Republic of Namibia

Tel: +264 61 410 400

Fax: +264 61 410 415

and, [Consultant Name] (the “Consultant”) whose address is:

[Consultant Contact Details]

This contract is subject to the applicable provisions of the Programme Implementation Agreement

(the “PIA Agreement”) between the Millennium Challenge Corporation and the Government of the

Republic of Namibia, signed in January 2009.

1. DURATION OF THE CONTRACT

This contract is effective as of the date of signing and shall expire on [date], unless terminated

earlier in accordance with Section 7.

It is expressly stated, and the Parties agree, that this Contract is one of an independent consultancy

and not of employment. Therefore, the Parties agree that no legitimate expectation of employment

or renewal of this Contract is or can be created.

2. MANDATE

The Consultant agrees to perform the duties and accept the responsibilities set forth in Terms of

Reference contained in Appendix A of this contract.

3. STATUTE, RIGHT AND OBLIGATIONS OF THE CONSULTANT

The rights and obligations of the Consultant are strictly limited to the terms and conditions of this

Contract. Consequently, the Consultant does not have the right to any advantage, payment, subsidy,

compensation or pension on behalf of MCA-N except for those expressly provided for under the

terms of this Contract. The Consultant warrants that he has not and will not engage in any activity

that would give rise to a right of termination under Sections 5.8 (a) of the Programme

Implementation Agreement.

Page 12: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 3: Contract Form

12

4. REMUNERATION

4.1 MCA-N shall pay the Consultant, as full remuneration for providing time-based services

under this Contract, a ceiling Contract Price not exceeding: [contract amount] exclusive of

VAT.

This amount is determined based on the anticipated requirement of [number of days] to

complete this assignment and the rate of [daily rate] per day exclusive of VAT. Contractor’s

invoices shall be submitted monthly and based on the actual effort level during the

respective month. VAT will be paid in addition to the fee if the Consultant should be

registered with the Receiver of Revenue to pay VAT.

4.2 All payments owed to the Consultant under this Contract will be paid directly by MCA into the

account set forth in Appendix B (Wire Transfer Instructions), within 30 working days after the

approval by MCA-N of the invoice for the payment that is due.

4.3 Consultant’s invoices shall indicate a) the date when services were rendered, b) time billable

for the services rendered, c) brief description of services rendered. MCA-N shall approve

only reasonable time billable for the services rendered, which it has commissioned in written

communication to the Consultant.

4.4 Reserved.

4.5 No other remuneration, favours, compensation or subsidy will be paid to the Consultant

under the terms of this Contract.

5. INCOME TAX

The Consultant alone is responsible for the payment of any income taxes that may be owed in

respect of remuneration received in terms of this Contract. MCA-N will not withhold any amounts

from the Consultant’s remuneration for purposes of income tax.

6. INSURANCE

The Consultant shall take out and maintain insurance as is reasonable and customary in the Republic

of Namibia.

7. TERMINATION

Either party can terminate this Contract at any time upon thirty days prior written notice. Except as

expressly stated in this Contract, upon termination or expiration of this Contract, all obligations

under this Contract are terminated.

8. CONFIDENTIALITY

During the term of this contract and for two years thereafter, the Consultant shall not reveal any

sensitive or confidential information concerning the Consultant’s services under this Contract or the

businesses or the activities of MCA-N without prior written authorization from MCA-N.

9. RIGHTS OF TITLE

Any studies, reports or other material, graphic, software or otherwise, prepared by the Consultant

for MCA-N under this Contract shall belong to, and remain the property of MCA-N.

10. NON PUBLIC INFORMATION

The Consultant shall treat and maintain as confidential all information, communications and documents

received in his capacity as Consultant and relating to his duties, this Contract, or MCA-N’s business or

Page 13: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 3: Contract Form

13

operations. The Consultant shall not disclose such information, communications or documents, except

on a need-to-know basis and under similar obligation of confidentiality and shall not use such

information, communications or documents other than in the course of performance of his duties under

this Contract. These provisions shall survive the termination or expiration of this Contract.

11. DISCLOSURE

The Consultant will reveal to the MCA-N any business or professional employment or activity in

which it has been/will be engaged before or during this Contract. These activities shall not be

incompatible with provision of the services required under this Contract and shall not create, or give

the appearance of creating, a conflict of interest.

12. STANDARDS OF CONDUCT

12.1 The Consultant will perform the services under this Contract faithfully, diligently, in

accordance with the highest standards of professional and ethical competence and

integrity, and in a timely manner in order to advance MCA-N’s interests.

12.2 The Consultant shall not engage in any activity incompatible with MCA-N’s interests. The

Consultant will avoid any action, including, without limitation, any kind of public

statement, which will compromise the integrity, independence and impartiality which are

required for the Consultant’s relationship with MCA-N.

12.3 The Program Assets are not intended for personal use and shall therefore only be used by

the Consultant in the performance of his official duties under this Contract, except for

incidental use and as otherwise provided under any policies and/or procedures adopted by

MCA-N from time to time.

12.4 The Consultant affirms and agrees that no payments have or will be received by any official

of MCA-N or any other Government official in connection with the Consultant’s

employment, and no payments have been made by the Consultant to any third party in

connection with the Contract in violation of any applicable Namibian law or MCA-N’s

policies and procedures on conflict of interest and ethics. The Consultant affirms and

agrees that no payments have been or will be received by the Consultant in connection

with the Consultant’s performance of his duties under the Contract, except for payments

specified in Section 4 of this Contract.

12.5 The Consultant agrees that he shall not participate in the selection, award, or administration of

a contract, grant or other benefit or transaction financed in whole or in part by MCC funding, in

which (i) the Consultant, members of the Consultant’s immediate family or household or the

Consultant’s business partners, or organizations controlled by or substantially involving the

Consultant has or have a financial interest, or (ii) the Consultant is negotiating or has any

arrangement concerning prospective employment, unless the Consultant has first disclosed in

writing to MCA-N the conflict of interest and, following such disclosure, MCA-N has agreed in

writing to proceed notwithstanding such conflict and, if requested by MCA-N, the Consultant

will promptly recuse himself or herself from such participation.

12.6 The Consultant agrees that he shall not (and shall seek to ensure in his role as the

Consultant that no other person or entity involved in the selection, award, administration

or implementation of any contract, grant or other benefit or transaction financed in whole

or in part by MCC Funding), (i) solicit or accept or offer a third party or seek or be promised

directly or indirectly for himself or for another person or entity, any gift, gratuity, favour or

Page 14: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 3: Contract Form

14

benefit, other than items of de minimis value and otherwise consistent with MCA-N’s

policies and procedures on conflict of interest and ethics, or (ii) engage in any activity that

is, or gives the appearance of being, a conflict of interest.

13. RELATIONSHIP OF THE PARTIES; MCC STATUS

13.1 The Consultant acknowledges that MCC is neither the individual employer nor a joint

employer of the Consultant. The Consultant understands that the performance of his

duties will be dictated by MCA-N and not by MCC.

13.2 MCC is a United States Government corporation acting on behalf of the United States

Government in the implementation of the Compact. As such, MCC has no liability under

the Contract, and is immune from any action or proceeding arising under or relating to the

Contract. In matters arising under or relating to the Contract, MCC is not subject to the

jurisdiction of the courts in Namibia or any other body in any other jurisdiction.

14. APPLICABLE LAW AND LANGUAGE OF THE CONTRACT

This contract shall be governed by Namibian law and the language of the contract is English.

15. DISPUTE RESOLUTION

Any complaint or disagreement related to the execution of this Contract which cannot be resolved with

amicable discussions will be subject to arbitration in accordance with the Professional Arbitration and

Mediation Association of Namibia arbitration rules in force as of the date of this Contract. I have reviewed

and understood the details of this Contract (which, for the avoidance of doubt, includes the appendices).

SIGNATURES

For the MILLENNIUM CHALLENGE ACCOUNT: For the CONSULTANT:

……………………………………………………… ………………………………………………………

Penny Akwenye

Chief Executive Officer

……………………………………………………… ………………………………………………………

Witness Witness

Page 15: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 3: Contract Form

15

APPENDIX A: TERMS OF REFERENCE

Page 16: REQUEST FOR CONSULTANT QUALIFICATIONS … Public Outreach...REQUEST FOR CONSULTANT QUALIFICATIONS PUBLIC OUTREACH SUPPORT CONSULTANT MCAN/COM/RCQ/4A09011(a) MCA Namibia (MCA-N) requires

Attachment 3: Contract Form

16

APPENDIX B: WIRE INSTRUCTIONS